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Draft Convention On Civil Liability For Damage Resulting From Activities Dangerous To The Environment
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Author :International Union for Conservation of Nature and Natural Resources. Commission on Environmental Law Publisher :IUCN ISBN 13 :9782831705248 Total Pages :226 pages Book Rating :4.7/5 (52 download)
Book Synopsis Draft International Covenant on Environment and Development by : International Union for Conservation of Nature and Natural Resources. Commission on Environmental Law
Download or read book Draft International Covenant on Environment and Development written by International Union for Conservation of Nature and Natural Resources. Commission on Environmental Law and published by IUCN. This book was released on 2000 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an updated edition of the 1995 version. In the mid-1980's, the IUCN CEL, in consultation with leading experts from around the world, began to respond to a need later identified by Agenda 21: the preparation of an integrated framework for international environmental law.
Book Synopsis Liability and Environment by : Lucas Bergkamp
Download or read book Liability and Environment written by Lucas Bergkamp and published by BRILL. This book was released on 2021-12-06 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liability and Environment analyzes the role of law, in particular civil liability, in controlling environmental pollution and risk. In modern environmental policy, liability has become a popular instrument. In this book, Prof. Bergkamp takes a fresh look at civil liability for environmental harm in an inter- and transnational context. Over the last decade, industry's liability exposure for environmental harm has expanded significantly. At the international, EC, and national level proposals for onerous strict environmental liability regimes are pending. The `polluter pays principle', which is an articulation of the `cost internalization' theory in the environmental area, is believed to justify such liability regimes. Applying an instrumental approach to legal instruments, Prof. Bergkamp aims to redefine the role of liability in the heavily regulated environmental area. He shows that liability for environmental harm is not justified by the polluter pays principle, is an uncertain and unreliable instrument for achieving prevention, results in an inefficient insurance scheme, and plays a dubious role in adjusting activity levels. Based on an analysis of the basic characteristics of alternative legal instruments, Prof. Bergkamp concludes that civil liability should play a more modest, limited role in an environmental law system dominated by public law. Where deterrence is not the objective, first party insurance, compensation funds, or other public law regimes should be preferred over liability rules. In addition to civil liability of private parties, Liability and Environment discusses State liability under international, EC, and national law. Under international law, breach of a primary obligation triggers a State's liability. Prof. Bergkamp argues that this rule should be applied also to liability of private parties. In the environmental area, a business' primary obligations are spelled out in detailed permit conditions, regulations, and statutes. According to Prof. Bergkamp, only if a primary obligation is breached, a private person should be liable for environmental harm. The system that Bergkamp advocates is an objective fault liability regime, in which public environmental law defines the standard of care for both government and industry. "In rebuilding our civil liability system, we should keep in mind that what is good for industry should be good for everyone (or it is not good for anyone), we should keep in mind that what is good for private parties should be good for the state (or it is not good for either). In rebuilding our civil liability system, the international law of State responsibility, which is unpolluted by risk spreading and activity level considerations, will guide us a long way." This book is aimed at advanced law students, academic scholars, and practitioners. In addition, it will be of interest to policy and legislative analysts, legislators, and government officials. Professor Bergkamp's book cannot be described as "solving" the problems of legal and regulatory control of environmental harm, whether within a nation or internationally. As suggested before, however, the very idea of a "solution" is illusory. All legal and regulatory regimes around the world are today and will remain for the future in a state of perpetually continuing development. The virtue of this fine book is that it moves the process of that development forward by a very substantial measure. from the Foreword by George L. Priest.
Book Synopsis Transboundary Environmental Interference and the Origin of State Liability by : Lefeber
Download or read book Transboundary Environmental Interference and the Origin of State Liability written by Lefeber and published by Martinus Nijhoff Publishers. This book was released on 2023-09-14 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: On-going deterioration of the state of the environment and the continuous risk of an environmental disaster has forced society to reconsider its environmental and developmental objectives. For economic and environmental reasons, the costs of prevention and reparation of environmental harm should be channelled to the polluter. However, such channelling may run counter to legal principles. This work scrutinizes this field of tension between economic and legal principles at state level. It provides a unique analysis of traditional thinking on state liability for transboundary harm and the theories which have challenged it since the proliferation of hazardous activities in the 1960s. The author favours a return to traditional thinking, but has an eye for the theories that challenged it with the aim of safeguarding the compensation of victims of transboundary harm.
Book Synopsis International Documents on Environmental Liability by : Hannes Descamps
Download or read book International Documents on Environmental Liability written by Hannes Descamps and published by Springer Science & Business Media. This book was released on 2008-05-26 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Documents on Environmental Liability brings together 30 official full-text documents in the field of international environmental liability into an easily accessible, practical handbook; details the work of the International Law Commission on this topic; and provides the latest versions of international liability conventions and their statuses – including the latest on: (1) 2003 UNECE Kyiv Liability Protocol; (2) 2004 EC Directive on Environmental Liability; (3) 2005 Antartica Liability Annex. The authors’ combined capacity as an academic, policy advisor, and practitioner have helped bring forth a publication that reflects their experience of being involved in the development, negotiations and implementation of environmental liability regimes at both an international and European level.
Book Synopsis The Effectiveness of International Environmental Agreements by : Peter H. Sand
Download or read book The Effectiveness of International Environmental Agreements written by Peter H. Sand and published by Cambridge University Press. This book was released on 1992-10 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1990, this is a reissue of Professor Hilary Putnam’s dissertation thesis, written in 1951, which concerns itself with The Meaning of the Concept of Probability in Application to Finite Sequencesand the problems of the deductive justification for induction. Written under the direction of Putnam’s mentor, Hans Reichenbach, the book considers Reichenbach’s idealization of very long finite sequences as infinite sequences and the bearing this has upon Reichenbach’s pragmatic vindication of induction.
Book Synopsis Environmental Damage and Liability Problems in a Multilevel Context by : Sandra Cassotta
Download or read book Environmental Damage and Liability Problems in a Multilevel Context written by Sandra Cassotta and published by Kluwer Law International B.V.. This book was released on 2012-03-23 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interest at different decision-making levels (EU, international and national) in using liability as an element in solving the legal problems of environmental harm. The interest is founded on the necessity to take into account of complex inter-dependencies and interrelationships between the environmental media at global, regional and national levels. In an effort to implement the aims of sustainable development, new views of the traditional liability instrument have to be applied. The book focuses on the Environmental Liability Directive 2004/35/EC (the so-called “ELD”) on the prevention and remedying of environmental damage, and evaluates as to whether the ELD has achieved its goals and maintained its ambitions in terms of environmental protection, and what the optimal level of harmonization in terms of environmental protection is. In order to address the question of research of this book, an interdisciplinary framework of analysis and methodology combining political science and law are developed. Since environmental damage is a multidimensional and multidisciplinary problem, par excellence, a multidisciplinary approach is required. Consequently, the use of a multidisciplinary method, combining together in a systematic and rigorous fashion, law, political science, technical elements of economy, insurance law and natural science, is, in the research design of this study, necessary, in a view of tackling the topic in a scientific problem solving-oriented approach. The book draws the overall conclusions by suggesting proposals for amendments and recommendations to be utilized for possible redrafting of the ELD’s provisions for the time when the ELD will be object of a procedure of revision. This book will be of interest to practitioners in EU law and EU Environmental law, international environmental law, legal experts on the law of environmental liability, specialists within international organizations but also by political scientists, economists, insurance law specialists, and natural scientists.
Book Synopsis The Practice of Shared Responsibility in International Law by : André Nollkaemper
Download or read book The Practice of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2017-02-02 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
Book Synopsis Multilevel Governance of Global Environmental Change by : Gerd Winter
Download or read book Multilevel Governance of Global Environmental Change written by Gerd Winter and published by Cambridge University Press. This book was released on 2006-03-30 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 2006, this collection is the outcome of an interdisciplinary research project involving scholars in the fields of international and comparative environmental law, the sociology and politics of global governance, and the scientific study of global climate change. Earth system analysis as developed by the natural sciences is transferred to the analysis of institutions of global environmental change. Rather than one overarching supranational organisation, a system of 'multilevel' institutions is advocated. The book examines the proper role of industrial self-regulation, of horizontal transfer of national policies, of regional integration, and of improved coordination between international environmental organisations, as well as basic principles for sustainable use of resources. Addressing both academics and politicians, this book will stimulate the debate about the means of improving global governance.
Book Synopsis The Rio Declaration on Environment and Development by : Jorge E. Viñuales
Download or read book The Rio Declaration on Environment and Development written by Jorge E. Viñuales and published by OUP Oxford. This book was released on 2015-02-05 with total page 831 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
Book Synopsis The Law of Environmental Damage by : Larsson
Download or read book The Law of Environmental Damage written by Larsson and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 683 pages. Available in PDF, EPUB and Kindle. Book excerpt: From its starting point within international law, throughout its progression from regional to national law, The Law of Environmental Damage combines the disciplines of environmental law, liability law and insurance in its analysis of the development of reparative environmental law. In the model adopted, three generations of reparative schemes are identified, based on civil liability or administrative liability or self-taken measures from the area of insurance. The analysis applied is based on factors of standard and designation of liability, as well as the definition and assessment of environmental damage. Issues such as environmental lender liability and damage to public natural resources are highlighted. The results of the study are evaluated within the framework of a theory of environmental efficiency; among other factors, the reparative effect of liability rules is discussed.
Author :K. D. Raju Publisher :The Energy and Resources Institute (TERI) ISBN 13 :9788179931264 Total Pages :316 pages Book Rating :4.9/5 (312 download)
Book Synopsis Genetically Modified Organisms by : K. D. Raju
Download or read book Genetically Modified Organisms written by K. D. Raju and published by The Energy and Resources Institute (TERI). This book was released on 2007-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scientific controversies involving genetic science and ?biosafety? Have not been well understood by many. All claims about GMOs (genetically modified organisms) or LMOs (living modified organisms) are under controversy. The Cartagena Protocol is the first international agreement to regulate the transboundary movement of GMOs. Under the Convention on Biological Diversity, 190 countries agreed on the importance and concern over the spread and cross-border transfer of GMOs and their risks to environment and human health. Consequently, in 2000, they adopted the Cartagena Protocol to address the possible risks of GMOs. The protocol is an important step in the protection of biodiversity and biosafety. The concern of developing countries are not shared by the developed countries like the US, Canada, and Mexico. These countries produce more than 90% of the LMO crops and they are not ratified by the protocol. The protocol explicitly stipulates that countries should take precautionary measures to prevent GMOs from causing harm to biodiversity and human health.Members have to implement the protocol provisions at the domestic level. There are heated debates in India whether to allow the cultivation of GMOs? The civil society organizations are opposing the entry of multinational companies in the field trial of GMOs. In this scenario, a systematic review of the international legal regime to formulate a comprehensive policy on the subject in India is the need of the hour.
Book Synopsis Environmental Damage in International and Comparative Law by : Michael Bowman
Download or read book Environmental Damage in International and Comparative Law written by Michael Bowman and published by Oxford University Press, USA. This book was released on 2002 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study considers the problems of defining and valuing "environmental damage" from the perspective of international and comparative law. The need for a broad and systematic evaluation of this issue is illustrated by the number of topics presently on the international law-making agenda to which it is relevant, including the UN Compensation Commission's decisions on compensation for environmental losses suffered by Kuwait in the Gulf War, nuclear and oil pollution liability regimes, the development of an environmental liability protocol to the Antarctic Treaty and other agreements on bio-safety and genetically modified organisms. It is thus an important element in contemporary efforts to strengthen legal remedies for environmental harm which does not necessarily come within traditional categories of legally protected personal or property rights.
Book Synopsis Chemical Safety by : Mervyn Richardson
Download or read book Chemical Safety written by Mervyn Richardson and published by John Wiley & Sons. This book was released on 2008-07-11 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: How safe is safe enough? We live in a world that is totally dependent on chemicals, be they agrochemicals, pharmaceuticals, colorants - it is vitally important that we adopt a sustainable strategy for an environment containing some 11 million chemicals. This book provides a pragmatic guide to the basic tools of chemical safety assessment, from information retrieval, through hazard and risk assessment to safety evaluation and legal aspects. It is truly global in coverage with contributors drawn from East and West, North and South. It covers natural and artificial hazards to the environment, including the potentially catastrophic effects of modern warfare, and encompasses pollution of air, water and soil as well as occupational exposure to chemicals. Everyone with a professional interest in pollution control will find this an invaluable source of information - chemists, environmental scientists, chemical engineers, political scientists, toxicologists, ecotoxicologists, in industry, academia, government departments and international agencies - all will be guided and challenged by the wealth of knowledge it contains.
Book Synopsis Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment by : Council of Europe
Download or read book Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment written by Council of Europe and published by . This book was released on 1993 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Mitigation of Marine Plastic Pollution in International Law by : Judith Schäli
Download or read book The Mitigation of Marine Plastic Pollution in International Law written by Judith Schäli and published by BRILL. This book was released on 2022-04-19 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access publication of this book has been published with the support of the Swiss National Science Foundation. The massive accumulation of plastics in marine environments is one of the most pressing environmental concerns of our time. This book examines the relevant international legal framework applying to land-based sources of plastic pollution. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments and provides a snapshot inventory of state obligations related to plastic pollution mitigation. The Mitigation of Marine Plastic Pollution in International Law identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime.
Book Synopsis Sourcebook on Environmental Law by : Maurice Sunkin
Download or read book Sourcebook on Environmental Law written by Maurice Sunkin and published by Routledge. This book was released on 2001-11-30 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 1 SOURCES AND PRINCIPLES OF ENVIRONMENTAL LAW -- chapter THE SOURCES OF ENVIRONMENTAL LAW Environmental law: the international perspective -- chapter The sources of international environmental law -- chapter Customary international law General principles of international law -- chapter Judicial decisions and the writings of eminent publicists United Nations General Assembly Resolutions -- chapter Environmental law: European Community perspective -- chapter The institutions of the EC -- chapter Law-making by Community institutions -- chapter Voluntary agreements -- chapter Application of direct effect -- chapter Environmental directives with direct effect -- chapter The duty to interpret national law in the light of a directive: 'indirect effect' -- chapter The subsidiarity principle -- chapter The EC's Environmental Action Programmes -- chapter Statutes Delegated legislation Codes of Practice -- chapter Ministerial guidance Government White Papers Reports of the Royal Commission on Environmental Pollution -- chapter Select Committee reports The Environment Agency -- chapter PRINCIPLES OF ENVIRONMENTAL LAW The relationship between principles Sustainable development -- chapter Preventive and precautionary principles -- chapter The principle of citizen participation and the right to a healthy environment -- chapter The principle of integration -- chapter Integrated pollution control -- chapter ENVIRONMENTAL PRINCIPLES: THE KEY INSTRUMENTS Defining the 'environment' and 'pollution of the environment' Stockholm Declaration on the Human Environment 1972 -- chapter Rio Declaration on Environment and Development 1992 -- chapter LIABILITY FOR ENVIRONMENTAL DAMAGE International liability for environmental damage -- chapter European Community law -- chapter REFERENCES AND FURTHER READING -- chapter USEFUL WEBSITES -- chapter AIR AND ATMOSPHERIC POLLUTION -- chapter Structure of the chapter AIR AND ATMOSPHERIC POLLUTION: THE INTERNATIONAL CONTEXT Customary international law -- chapter Framework Convention on Climate Change 1992 -- chapter Kyoto Protocol 1997 -- chapter Monitoring and Evaluation Protocol 1984 Sulphur Protocols 1985 and 1994 Nitrogen Oxides Protocol 1988 -- chapter Volatile Organic Compounds Protocol 1991 -- chapter Vienna Convention for the Protection of the Ozone Layer 1985 and its Montreal Protocol 1987 EUROPEAN COMMUNITY LAW -- chapter Sulphur in air -- chapter Lead in air -- chapter Vehicle emissions -- chapter Emissions from industrial plants -- chapter Towards a unified framework for EC air quality law and policy Air Quality Framework Directive 96/62 -- chapter CAFE -- chapter Local air quality management areas (AQMAs) -- chapter Road traffic pollution -- chapter Restricting the use of roads and traffic management -- chapter REFERENCES AND FURTHER READING -- chapter USEFUL WEBSITES -- chapter WATER AND MARINE POLLUTION -- chapter INTERNATIONAL LAW UN Convention on the Law of the Sea 1982 -- chapter International legal regime for vessel-source marine oil pollution -- chapter MARPOL Convention 1973/78 -- chapter Measures controlling the release of substances into water -- chapter Titanium dioxide Measures protecting designated types of water -- chapter Bathing water -- chapter Urban waste water -- chapter The Water Framework Directive 00/60 -- chapter Cambridge Water Co v Eastern Counties Leather plc [1994] 1 All ER 53 -- chapter Water pollution legislation -- chapter Licences to abstract water Droughts -- chapter Ministerial Regulations - water quality classification and objectives -- chapter Anti-pollution works Prevention of pollution -- chapter Public registers Quality of water supplies -- chapter REFERENCES AND FURTHER READING -- chapter USEFUL WEBSITES -- chapter WASTE -- INTRODUCTION TO THE LAW RELATING TO WASTE -- chapter Dumping at sea -- chapter International trade in hazardous wastes and substances -- chapter Basel Convention 1989 -- chapter Bamako Convention 1991 -- chapter Basel Protocol on Liability and Compensation 1999 -- chapter Directive on Waste 75/442 (WFD) (see p 389, below) -- chapter Directive on the Disposal of Waste Oils 75/439 -- chapter Council Regulation on the Shipment of Waste 259/93 -- chapter Directive on Sewage Sludge Directive 86/278 Directive on Packaging Waste Directive 94/62 -- chapter Directive on the Landfill of Waste 99/31 -- chapter Further developments -- chapter The statutory definition of 'waste' -- chapter Is the material capable of being waste? Has the material been discarded? -- chapter Not all discarded material will be waste -- chapter National Waste Strategy -- chapter Waste Strategy 2000 -- chapter The key messages of the strategy (Chapter 1) -- chapter The waste strategy summarised.
Book Synopsis Environmental Law Dimensions of Human Rights by : Ben Boer
Download or read book Environmental Law Dimensions of Human Rights written by Ben Boer and published by OUP Oxford. This book was released on 2015-03-12 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we guarantee a right to life or a right to health without also guaranteeing a decent environment in which to exercise these rights? It is becoming increasingly obvious that a high quality environment is key to the fundamental human rights of life and health, and associated rights such as the right to clean water, adequate housing, and food. This book canvasses a range of law and policy issues concerning human rights and the environment. Each chapter examines an aspect of the links between environmental law and human rights in substantive and/or procedural terms, loosely falling into four themes: human rights and the environment in the context of the private sector; analysis of decisions of the European and Inter-American courts in respect of substantive and procedural aspects; human rights and the environment in the Asian region, including the issue of human displacement; and the future direction of human rights and environment law.
